Peoples Democratic Party V. Senator Ali Modu Sherrif & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the majority decision of the Court of Appeal, Port Harcourt Division coram: Gumel, JCA, Sanga, JCA. Orji-Abadua, JCA (dissenting) in which the decision of a Port Harcourt, Federal High Court, was upset on appeal.

The appellant, who was the plaintiff in the trial Court filed an Originating Summons on 24 May, 2016 against the respondents, seeking the determination of the following questions.

1. Whether the National Convention of the plaintiff is the Supreme and controlling authority of the plaintiff and its principal representative, policy making and administrative body.
2. Whether decisions of the National Convention of the plaintiff made pursuant to its authority expressly provided for in the Constitution of the plaintiff is binding on all members of the plaintiff.
3. Whether decisions of the National Convention of the plaintiff can be countermanded by member/members or a National Officer/National Officers or organ/organs of the plaintiff.
4. Whether the 1st and 2nd Defendants or any and/or all of the National Officers,

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the members of the National Officers, the members of the National Executive Committee and member of the National Working Committee of the plaintiff who were removed from office by the National Convention of the plaintiff held on 21 March, 2016 in Port Harcourt Rivers State can hold or continue to hold himself/themselves out as the Chairman, Secretary or National Officer or Members of the National Executive Committee or National Working Committee of the plaintiff.

5. Whether the 3rd defendant can, in its role as a monitoring agency of the activities of the plaintiff, interfere with or negate a decision of the plaintiff’s National Convention reached in accordance with the plaintiffs Constitution.
6. Whether it is lawful for the 4th and 5th defendants to deploy personnel to the 1st and 2nd defendants for the purpose of preventing the 1st and 2nd defendants from vacating the respective office from which they were removed by the National Convention of the plaintiff in accordance with the plaintiffs Constitution.

The appellant sought the following reliefs:

1. A declaration that the National Convention of the plaintiff is the

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Supreme and controlling authority of the plaintiff and its principal representative policy making and administering body.

2. A declaration that decisions of the National Convention of the plaintiff made pursuant to its authority expressly provided for in the Constitution of the plaintiff is binding on all members of the plaintiff, the 1st and 2nd defendants inclusive.
3. A declaration that decisions of the National Convention of the plaintiff CANNOT be countermanded by a member/members or a National Officer/National Officers or an organ/organs of the plaintiff.
4. A declaration that the 1st and 2nd defendants or any and/or all of the National Officers, the members of the National Executive Committee and MEMBERS OF THE National Working Committee of the plaintiff who were removed from office by the National Convention of the plaintiff held on 21st May, 2016 in Port Harcourt, Rivers State CANNOT hold or continue to hold themselves out either individually or collectively as the Chairman, Secretary or National Officer or Member of the National Executive Committee or National Working Committee of the plaintiff.
5. An Order or perpetual injunction

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restraining 1st and 2nd defendants or any and/or all of the National Officer, the Members of both the National Executive Committee and Members of the National Working Committee of the plaintiff who were removed from office by the National Convention of the plaintiff held on 21st May 2015 in Port Harcourt Rivers State from holding or continuing to hold themselves out either individually or collectively as the Chairman, Secretary or National Officer or member of the National Executive Committee or National Working Committee of the plaintiff.

6. A declaration that the 3rd defendant CANNOT, in its role as a monitoring agency of the activities of the plaintiff, interfere with or negate a decision of the plaintiffs National Convention reached, in accordance with the plaintiff’s Constitution.
7. An Order restraining the 3rd defendant from according or continuing to accord any recognition to the 1st and 2nd defendants or any and/or all of the National Officers, the members of both the National Executive Committee and members of the National Working Committee of the plaintiff who were removed from office by the National Convention of the plaintiff held on

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21st May, 2016 in Port Harcourt, Rivers State as officers or organs of the plaintiff.

8. An Order directing the 3rd defendant to recognize the National Caretaker Committee appointed by the National Convention of the plaintiff held in Port Harcourt on 21st May, 2016 as the Executive authority of the plaintiff ALL matters pertaining to the plaintiff including (a) the conduct of Primary Elections for Political Offices, and (b) the submission of the plaintiff’s list of candidates for any Elections to be conducted by the 3rd defendant.
9. A mandatory injunction restraining the 1st and 2nd defendants, their allies, representatives and persons action for and in their behalves from any action and or conduct whatsoever and howsoever, which is contrary to the decisions reached at the National Convention of the plaintiff held at Port Harcourt on 21st May, 2016.
10. A declaration that it is unlawful for the 4th and 5th defendants to deploy security personnel to the 1st and 2nd defendants for the purpose of preventing the 1st and 2nd defendants or any and/or all of the National Officers, the members of the National Working Committee of the plaintiff

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from vacating the respective office from which they were removed by the National Convention of the plaintiff in accordance with the plaintiff’s Constitution.